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September 22, 2009
Hagerstown, Maryland
CONVENE IN OPEN SESSION
County Commissioner President John F. Barr convened the regular meeting
of the Board of County Commissioners at 12:58 p.m. to entertain a motion
to go into Closed Session.
Motion made by Commissioner Kercheval, seconded by Aleshire to convene in
closed session at 12:58 p.m. to consider the acquisition of real property
for a public purpose and matters directly related thereto; and to consult
with counsel to obtain legal advice, in accordance with Section 10-508 of
the State Government Article of the Annotated Code of Maryland.
Unanimously approved.
In closed session, the Commissioners considered the acquisition of real
property for a public purpose and matters directly related thereto; and
consulted with counsel to obtain legal advice. Present during closed
session were President John F. Barr, Vice President Terry L. Baker and
Commissioners Kristin B. Aleshire, James F. Kercheval and William J.
Wivell. Also present were Gregory Murray, County Administrator; Vicki
Lumm, County Clerk; John Martirano, County Attorney; Andrew Wilkinson,
Assistant County Attorney; and at various times, Debra Murray, Finance
Director; Kim Edlund, Assistant Finance Director; Joe Kroboth, III,
Public Works Director; and Joe Kuhna, Real Property Administrator.
RECONVENE IN OPEN SESSION
The regular meeting of the Board of County Commissioners was reconvened
at 1:51 p.m.
GRANT FUNDING CONTRACT FOR RURAL COMMUNITY SURVEY, PHASE V
Steve Goodrich, Chief Planner, Planning and Community Development,
recommended approval to execute a contract with the Maryland Historical
Trust to receive matching grant funds of up to $17,400.00 for Phase V of
the Rural Community Survey. Mr. Goodrich explained that The Historic
District Commission has $12,000.00 in its budget as local matching funds
for the project and the $17,400.00 cannot be used without the local
match. The Commissioners discussed the proposal.
Motion made by Commissioner Aleshire, seconded by Baker, to approve
entering into a contract with the Maryland Historical Trust to receive
matching grant funds of up to $17,400.00 as presented. Unanimously
approved.
APPLICATION FOR TEXT AMENDMENT TO THE SUBDIVISION ORDINANCE FOR
WASHINGTON COUNTY (SO-09-001)
Mike Thompson, Director, Washington County Planning Department, and Lisa
Kelly, Senior Planner, informed the Commissioners that the applicant, the
Washington County Planning Department, has requested amendments to the
text of the Subdivision Ordinance for Washington County (the
“Ordinance”). Mr. Thompson explained that the proposed amendments
include expanded definitions of a Lot, Lot of Record, and Lot Lines, and
updated verbiage to the Preliminary/Final and Simplified Plat submission
and approval procedures sections. He stated that the Washington County
Planning Commission and the Board of County Commissioners had previously
held the required Public Hearings.
Motion made by Commissioner Kercheval, seconded by Aleshire, to adopt
Subdivision Ordinance Text Amendment SO-09-001 as presented. Unanimously
approved. (Ordinance ORD-09-09 may be found in the County Commissioners’
Office)
WORKSHOP – GENERAL DISCUSSION
The Commissioners held a general workshop session to discuss, 1) Building
Excise Tax Incentives, 2) Off-Street Parking for Text Amendment, and, 3)
the Transportation Plan. County Administrator Greg Murray presented the
items for interactive discussion:
1)Building Excise Tax Incentives: Discussion centered on the latest
version of the Building Excise Tax Ordinance (BETO) that does not
September 22, 2009
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specifically address low income-related housing, low square feet
construction, mobile homes, and 501(c)(3) corporations for low-cost
housing programs. Incentives were discussed for builders/developers to
take out permits, a potential excise tax subsidy for a certain size or
number of homes built, and other tax incentives. Meeting attendees
Debbie Turpin, Washington County Home Builders Association; and Dan
DiVito, Permits and Inspections Department Director, provided comments
during the discussion. It was the consensus of the Commissioners to
place the item on the October 6, 2009 meeting agenda.
2)Off-Street Parking: It was the consensus of the Commissioners to
discuss this item at the October 6, 2009.
3)Transportation Plan: Joe Kroboth, III, Public Works Director; and
Mike Thompson, Planning Department Director, discussed the annual
Transportation Tour Meeting to be held by the Maryland Secretary of
Transportation in Room 255 on October 1, 2009. He noted that the
Pre-Tour meeting was held the past week where items to be brought
forth by Washington County were recommended and discussed. Greg
Murray stated that the items to be discussed by the County during
the Tour would be compiled by County staff.
JFK 50-MILE ULTRA-MARATHON
Tom Riford, President, Hagerstown-Washington County Convention and
Visitors Bureau; and Mike Spinnler, JFK 50-Mile Event Director, appeared
before the Commissioners to request funding assistance for police and
emergency services for the upcoming race to be held on November 21, 2009.
Mr. Riford noted that the event creates positive publicity to the
community and that the local economic impact is estimated to be
$350,000.00-$500,000.00. Mr. Spinnler informed the Commissioners that
1000 participants are entered in the event and registration was closed
after only 3 days this year. County Administrator Murray stated that the
County spent $2,223.00 for services at last year’s event.
Motion made by Commissioner Baker, seconded by Wivell, to provide the
requested assistance for the event, in an amount up to $3,000.00, with
funds to be taken from the County’s Hotel Rental Tax Fund. Unanimously
approved.
Commissioner President Barr presented a proclamation to Mr. Spinnler and
Mr. Riford in commemoration of the event.
RESH ROAD LANDFILL CLOSURE CAP – PIPE GUTTER REPLACEMENT
Mark Bradshaw, Deputy Director, Division of Environmental Management, and
David Mason, Environmental Engineer, requested approval for a change
order for the Resh Road landfill closure cap. Mr. Bradshaw informed the
Commissioners that a $97,590.00 change order is necessary for the project
due to stormwater damage on two occasions to previously installed pipe
gutters. Kinsley Construction will replace those gutters with lined
channels that should prevent the reoccurrence.
Motion made by Commissioner Kercheval, seconded by Aleshire, to approve
Change Order #4 for $97,590.00 for Kinsley Construction to replace pipe
gutters with lined channels, with the additional cost being funded from
the available budget. The Motion passed with Commissioners Kercheval,
Baker and Aleshire voting “YEA” and Commissioner Wivell “ABSTAINING”.
PROCLAMATION – PROSTATE CANCER AWARENESS MONTH
Holly Luther, Community Health Educator for the Cancer Screening
Programs, Washington County Health Department, accepted a proclamation
from President Barr on behalf of the Commissioners on the occasion of
Prostate Cancer Awareness Month. Ms. Luther thanked the Commissioners
for the proclamation.
PUBLIC HEARING – ACQUISITION OF REAL PROPERTY
In accordance with Section 1-301(b) of the Code of the Public Local Laws
of Washington County, Maryland, a public hearing was convened at 3:34
p.m. to hear comments regarding the purchase of a parcel of land situate
along the south side of East Antietam Street in Election District No. 17,
September 22, 2009
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commonly known as the rear parking lot of 29-33 East Antietam Street,
Hagerstown, Maryland, containing 14,742 square feet or 0.3384 acres, more
or less. Joe Kuhna, Real Property Administrator, explained that the
property is necessary for future expansion of the Washington County Free
Library to provide adequate parking. The appraised value is $215,000.00
according to Mr. Kuhna.
The hearing was opened for public comment but there was no one present
who wished to speak. The public hearing was closed at 3:37 p.m.
Motion made by Commissioner Kercheval, seconded by Wivell, to purchase
the property as described, located at 29-33 East Antietam Street, for
$215,000.00, having been determined to be needed for a public purpose,
all or a portion of which monies will be expended from the General Fund.
Discussion was held regarding the issues and plans for the future library
building. Mr. Kuhna informed the Commissioners that the Library Board of
Trustees would like the location to remain where it currently is as
opposed to new construction on Baltimore Street. Commissioner Wivell
withdrew his motion for a second. Commissioner Baker seconded the
motion. The vote was taken and Commissioners Baker and Kercheval voted
“AYE”, Commissioner Aleshire voted “NO”, and Commissioner Wivell
“ABSTAINING.” The motion passed with President Barr voting “AYE”.
MOTION TO RECESS
Motion made by Commissioner Kercheval, seconded by Aleshire, to recess at
3:50 p.m. Unanimously approved.
EVENING MEETING – TOWN OF KEEDYSVILLE
The evening session of the regular meeting of the Board of County
Commissioners of Washington County, Maryland was called to order at 7:04
p.m. at Keedysville Town Hall, 19 South Main Street, Keedysville, by
President John F. Barr with the following members present: Commissioners
Kristin B. Aleshire, James F. Kercheval and William J. Wivell.
(Commissioner Terry L. Baker and County Administrator Greg Murray were
absent from the meeting).
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Barr followed by the Pledge
of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – September 14 and 15, 2009
Motion made by Commissioner Aleshire, seconded by Kercheval, to approve
the minutes of September 14 and 15, 2009 with incorporated changes.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported that he attended the Local Management
Board meeting. He asked for nominees by October 16 from the County for
the upcoming Community Foundation Awards. Commissioner Kercheval stated
the Board of Education indicated that it will have some positive
announcements regarding adequate yearly progress results and Washington
County will have record high graduation rates and record low drop out
rates. He noted that the Family Center’s lease will be ending soon and
it requires 10,000 square feet of space. He attended a Black Rock Golf
Board meeting where it was stated that revenues were up 20% compared to
last year’s figures. Commissioner Kercheval attended “Senior Center Day”
at the Girls Inc. facility and thanked the Commission on Aging for a
great job organizing the event. He mentioned that the Board of County
Commissioners was thanked for its support.
Commissioner Aleshire noted that he attended a meeting of the Board of
Education regarding the hiring policy for school coaches. He
participated in the Antietam Creek cleanup last Saturday where four Boy
Scout troops assisted and most of the items collected were recycled. He
attended the soccer championship games held at North Hagerstown High
School. Commissioner Aleshire also attended the EDC “Project Wormburner”
where attendance was lighter this year. He suggested adding Washington
County’s educational facilities to the tour next year along with business
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sites. Commissioner Aleshire reported attending the Mental Health
Advisory Board meeting where two boards have now been folded into one.
He attended the Citizens for the Protection of Pleasant Valley meeting
with Sheriff Doug Mullendore where they both answered citizens’
questions. Commissioner Aleshire noted that the County Commissioners
have received many emails regarding a proposed Wal-Mart, however, the
County’s Planning Department has not received any official plans at this
point. He mentioned rumors regarding the location of a proposed Eastern
Primary School and stated that there had been no land donated for such
purpose and developer-owned land in Boonsboro would have been tied to
infrastructure paid for by the developer.
Commissioner Wivell acknowledged Board of Education member Ruth Anne
Callaham in the audience and requested the status of the Eastern Primary
School. She informed those present that the Eastern Primary School
project had been placed out for bid and will be voted on at the next
Board of Education business meeting. She commented that it is expected
the State of Maryland will confirm a commitment of $1 million toward the
project. Commissioner Wivell reported that he was also present at the
meeting in Pleasant Valley mentioned by Commissioner Aleshire where they
answered public safety questions from citizens. He requested that a
letter of support requested by Judith Ferro of the Housing Authority
regarding Blue Mountain Estates be signed by President Barr and mailed by
September 25.
Commissioner Barr reported that he and County Administrator Greg Murray
attended the ribbon cutting of the Curtis Engine Methane Gas Facility
located at the Dorchester County landfill yesterday along with personnel
from the County’s landfill. The facility receives “carbon credits” by
burning trash and the facility is expected to generate power in the
future to run its own generator.
CITIZENS PARTICIPATION
Mayor Matt Hull welcomed the County Commissioners and stated that the
Town’s library had been refurbished in a joint effort with the Washington
County Free Library system and was being used often. He reported that
the County’s “shed” located in the Town was approved for an upgraded fuel
system. He said that citizens were upset with the latest school
redistricting proposals. Mayor Hull discussed some flooding issues
regarding a developer in the Town who filed bankruptcy before a
stormwater management pond was completed. He stated that the Town
recently paid to have a sidewalk repaired and some drainpipe issues taken
care of. Mayor Hull mentioned that the Town had received State funding
to improve its park that was being used often by the citizens.
Board of Education member Ruth Anne Callaham discussed the recent schools
redistricting meeting and complimented the citizens in attendance that
were passionate but respectful.
Sheriff Doug Mullendore was in attendance and reported that crime in the
County was down and thanked the County Commissioners for supporting
public safety. He reported that he recently met with the Attorney
General’s Office regarding “squaring off” the boundaries for the City of
Hagerstown regarding police services. He also requested legislation that
was not passed last year that would require defendants to appear in court
or be penalized, since the defendant has the ability to pay a fine after
the hearing is scheduled, but the officer has already taken time to
appear in court for no reason. Commissioner Kercheval questioned Sheriff
Mullendore regarding a proposed “Halfway House” to be located in downtown
Hagerstown for mostly West Virginia federal prisoners. Sheriff
Mullendore stated that the law against texting while driving had passed.
He also reported that a six-minute video is being made by his department
to inform citizens of the laws concerning emergency vehicles and what to
do when encountering one and will be shown on Channel 19 and would also
be available on the web.
September 22, 2009
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OTHER BUSINESS
Reappointment – Local Management Board
Motion made by Commissioner Aleshire, seconded by Kercheval, to approve
the reappointment of Mary Towe to the Local Management Board, for her
first, full, three-year term, extending until June 30, 2012. Unanimously
approved.
Board of Education member Ruth Anne Callaham commented that the City of
Hagerstown has a Trash and Recycling Task Force that is discussing ways
to promote recycling and resolve issues of dumping at recycling
collection areas. Mayor Hull commented that the Town relocated its
recycling bins to a new location that has reduced the problem of dumping.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn the
meeting at 7:58 p.m. Unanimously approved.
____________________________
County Administrator
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County Attorney
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County Clerk